Mrinmoy Dutta vs. Union Of India Thr. Secretary Ministry Of Health And Family Welfare

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

Civil Appeal No(s). 11343/2016

DR. ANUPAM GOLASH Appellant(s)

16:42:50 IST Reason:

VERSUS

MR. MRINMOY DUTTA & ANR. Respondent(s)

WITH

C.A. No. 11344/2016 C.A. No. 4482/2017 W.P.(C) No. 767/2017

O R D E R

1. Heard the learned counsel for the parties and perused the appeal papers.

2. These appeals are filed by the Doctors and the Nursing Home claiming to be aggrieved by the order dated 11.05.2016 passed by the National Consumer Disputes Redressal Commission (for short 'NCDRC'). In that light, the claimants before the State Consumer Disputes Redressal Commission (for short 'SCDRC') has also filed a Writ Petition and appeal. Keeping in view the facts and circumstances as also the time Digitally signed by Nisha Khulbey Date: 2023.11.09 Signature Not Verified

lapse, we, at the outset, take note that the SCDRC through the judgment dated 12.03.2013, at the first instance, dismissed the complaint by the claimant.

3. When the complainant was before the National Consumer Disputes Redressal Commission (for short 'NCDRC'), the NCDRC through the order dated 11.05.2016 held the Doctors and the Nursing Home liable and directed them to pay a sum of Rs.6,00,000/- in all, along with the cost of Rs.10,000/-. The said amount had been deposited on 28.11.2016 before this Court and the complainant(s) before the NCDRC has withdrawn the same.

4. Though, contentions are put forth on either side, at this juncture, we see no reason to entertain the instant appeals and writ petition any further since the amount as ordered by the NCDRC has been paid and without prejudice to the contention of the Doctors and the Nursing Home. We therefore, make it clear that the amount as withdrawn by the claimant(s) shall be retained but however, the observations as contained in the order holding negligence against the Doctors and the Hospital/ nursing staff as also the vicarious liability adverted to by the NCDRC, shall not be held against them in any other proceedings and

2

shall not cause prejudice to their profession and to that extent, we set aside such adverse observations.

5. In the light of the fact that we have taken note that the consideration for the amount as ordered by the NCDRC, is being held in favour of the complainant(s) before the SCDRC and is being allowed to retain the said amount, we see no reason to also entertain their claim for enhancement of the amount.

6. Therefore, in the above circumstances, we dispose of all these appeals along with the writ petition as well.

7. Pending application(s), if any, shall stand disposed of.

...................J. (A.S. BOPANNA)

...................J. (M.M. SUNDRESH)

New Delhi 08th November, 2023

CORAM :

ITEM NO.101 COURT NO.7 SECTION XVII-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No(s). 11343/2016

DR. ANUPAM GOLASH Appellant(s)

VERSUS

MR. MRINMOY DUTTA & ANR. Respondent(s)

(IA No. 1/2016 - PERMISSION TO FILE ANNEXURES)

WITH C.A. No. 11344/2016 (XVII-A)

C.A. No. 4482/2017 (XVII-A)

IA No. 88927/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 88926/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 96030/2018 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 61435/2018 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) W.P.(C) No. 767/2017 (X)

FOR PERMISSION TO APPEAR AND ARGUE IN PERSON ON IA 82088/2017 FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 82089/2017 FOR [APPLICATION FOR AMENDMENT OF DAMAGES] ON IA 25640/2018 FOR DELETING THE NAME OF PETITIONER/RESPONDENT ON IA 53738/2018 FOR [APPLICATION FOR AMENDMENT OF THE PRAYER] ON IA 103536/2018 FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 120242/2018 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 88933/2020 FOR EXEMPTION FROM FILING AFFIDAVIT ON IA 88934/2020 IA No. 25640/2018 - APPLICATION FOR AMENDMENT OF DAMAGES IA No. 103536/2018 - APPLICATION FOR AMENDMENT OF THE PRAYER IA No. 120242/2018 - APPROPRIATE ORDERS/DIRECTIONS IA No. 82089/2017 - APPROPRIATE ORDERS/DIRECTIONS IA No. 53738/2018 - DELETING THE NAME OF PETITIONER/RESPONDENT IA No. 88934/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 82088/2017 - PERMISSION TO APPEAR AND ARGUE IN PERSON IA No. 88933/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 08-11-2023 These matters were called on for hearing today.

HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Parties(s) Mr. Gaurav Mitra, Adv. Mr. Adit Singh, Adv. Ms. Manju Jetley, AOR Mr. Sanjoy Kumar Ghosh, Adv. Mrs. Rupali Samanta Ghosh, AOR Mr. Prashant Vaxish, Adv. Mr. Shubham Chopra, Adv. Ms. Manisha Ambwani, AOR Ms. Archana Pathak Dave, AOR Mr. Sidhartha Luthra, Amicus Curiae Ms. Archana Pathak Dave, Amicus Curiae Respondent-in-person Mr. Gaurav Sharma, AOR Mr. Shekhar Kumar, AOR Mr. Chandrashekhar A. Chakalabbi, AOR Ms. Shivani Singh Varuna, Adv. Mr. Hitesh Kumar Sharma, Adv. Mr. Virendra Mohan Sharma, Adv. Mr. Akhileshwar Jha, Adv. Mr. Neeraj Singh, Adv. Mr. Amit Kumar Chawla, Adv. Ms. Manju Jetley, AOR Mr. Gurmeet Singh Makker, AOR Mr. S.k. Singhania, Adv. Mr. Subhranshu Padhi, Adv. Ms. Vanshaja Shukla, Adv. Mr. Navanjay Mahapatra, Adv. Ms. Sonia Mathur, Adv. Mr. Nitin Lonkar, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Mr. Sri Harsha Peechara, Adv. Mr. Duvvuri Subrahmanya Bhanu, Adv. Ms. Pallavi, Adv. Ms. Kriti Sinha, Adv. Mr. Rajiv Kumar Choudhry, AOR Mr. Sanjoy Kumar Ghosh, Adv.

Mrs. Rupali Samanta Ghosh, AOR Mr. Rabin Majumder, AOR Mr. S. Nandakumar, Adv. Ms. Deepika Nandakumar, Adv. Mr. Naresh Kumar, AOR Mr. Shantanu Sagar, AOR Mr. Vaibhav Jain, Adv. Mr. Sudhanshu S. Choudhari, AOR Ms. Rucha A. Pande, Adv. Mr. M. Veeraragavan, Adv. Ms. Gautami Yadav, Adv. Ms. Pranjal Chapalgaonkar, Adv. Mr. Indranil Ghosh, Adv. Mr. Palzer Moktan, Adv. Mrs. Barnali Basak, Adv. Mr. V K Shukla, Adv. Mr. Abhaya Nath Das, Adv. Mr. S S Bandyopadhyay, Adv. Mr. Rahul Gupta, Adv. Mr. Shashank Sharma, Adv. Mr. Sunny Vashist, Adv. Ms. Swati Mishra, Adv. Mr. Satish Kumar, AOR Mr. Harsh Parashar, AOR Mr. Snehasish Mukherjee, AOR Mr. Soumya Chakraborty, Sr. Adv. Mr. Danish Zubair Khan, AOR Mr. Rabin Majumder, AOR Ms. Archana Pathak Dave, AOR Mr. Sidhartha Luthra, Amicus Curiae Ms. Archana Pathak Dave, Amicus Curiae Dr. Sushil Kumar Gupta, Adv. Ms. Sunita Gupta, Adv. Mr. Sushil Gupta, Adv. Ms. Mridula Ray Bharadwaj, AOR

Mr. Shekhar Kumar, AOR

UPON hearing the counsel the Court made the following O R D E R

Appeals are disposed of along with the Writ Petition in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(NISHA KHULBEY) (NIDHI WASON) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) (signed order is placed on the file)